Privacy Policy

ELEMENT ELECTRONICS PRIVACY POLICY

Element Electronics Holdings, LLC and its subsidiaries and affiliates (“Element”) are committed to safeguarding your privacy while using Element products, websites, or online applications that refer to or link to the Privacy Policy (collectively, our “Services”).We use this Privacy Policy to clearly disclose to you our privacy practices in a manner that is easy to understand. If there is something you do not understand about our privacy practices, please feel free to contact the Element Legal Department at legal@elementelectronics.com.

This Privacy Policy applies to all our Services, including our website located at www.elementelectronics.com(the “Website”). We may provide additional privacy supplements that describe our practices in connection with particular Services; likewise, additional consent may be requested for certain data processing activities. Please note that this Privacy Policy applies to your use of our products as well as to our web-based Services, regardless of the device you may use to access those Services, whether phone, tablet, computer, TV, or other. This Privacy Policy does not apply to third party apps or other software that may be included on our devices (i.e. Netflix, Samba, Sling, Newsie, Roku, etc.). When using a third party app or software included on our devices, you should consult the privacy policy for that app or software. Third party apps may collect and share viewer data in ways that are different from Element’s practices outlined in this Privacy Policy.

Please read this Privacy Policy carefully. When you use our Services, you consent to the practices we describe in this Privacy Policy and the included supplements. If you do not agree to the practices described in this Privacy Policy, you should not use our Services. Element Smart TVs are subject to the Element Smart TV Privacy Supplement available here.

We may change this policy from time to time, so please check back often. If we significantly change our collection, use, or disclosure practices, we will attempt to send you notice via email if you have provided us with an email address. Please keep in mind that some of the Services mentioned specifically in this policy may not be available at this time. This Privacy Policy is effective as of the date shown at the end of this Privacy Policy.

What information doesElement collect from you?

We collect information in several ways. Some of the information we collect is personal to you. Other information is anonymous. We collect the following categories of information:

A number of our Services enable users to create accounts or profiles. During registration, we will ask for certain information required to set up that profile.

When you contact us for warranty service or customer or technical support, we will collect contact information along with a description of your problem and any technical information necessary to help resolve the issue.

When you contact us via the company email address, enter a sweepstakes, or participate in surveys, we will collect your contact information and any other information you include in your communication.

When you participate in “Live Chat“ on our Website, we collect your contact information and any other information you include in your discussions with us.

When you order a product or service from us directly we ask for information relevant to the transaction, including information about the product or serviceordered, your mailing address, phone number, email address, and payment information.

When you register your product on our Website, we collect your contact information along with model number, serial number, proof of purchase, date of purchase and retailer.

To customize our service for you, we and our partners may collect precise location data, including the real-time geographic location of your computer or device. This location data is collected anonymously in a form that does not personally identify you although we may associate it with other personal data for targeted advertising and remarketing purposes. We may request your consent again on your first use of the service.

When you use the Services, visit and navigate our Website, use our applications or third party sites, or open our emails, we may collect technical information including IP address, device identifier, log information such as time and duration of your use of the Services, and viewing information.

How do we collect information from you?

Direct Collection

We collect the information listed above directly from you when you submit it. If you do not want to share this information, you can choose not to participate in a particular service or activity.

Indirect Collection – Cookies and Other Technology

As part of offering and providing customizable and personalized services, many websites use cookies and other online tracking technologies to store and sometimes track information about you. We may use these technologies to:

Enable you to more easily use our web-based Services by remembering and using contact information, purchasing information, and registration information

Provide you with personalized content based on your use of our Website

Evaluate, monitor, and analyze the use of our web-based Services and its traffic patterns to help improve our web-based Services

Assist us with ad reporting functions, such as to learn which ads are bringing users to our Website

The types of technologies we may use include:

Cookies.A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Cookies enable us to identify your browser as a unique user. Cookies may involve the transmission of information from us to you and from you to us. Cookies may also be used by another party on our behalf to transfer information to us in accordance with their privacy policy. Some cookies are “persistent cookies.” They are used by us each time you access our Website. Other cookies are called “session cookies.” Session cookies are used only during a specific browsing session. We may use a session cookie, for example, to remember that you have already navigated through a particular menu, or that you have entered in age information for a portion of a site that is restricted by age.We may also use “analytics cookies” that allow web analytics services to recognize your browser or device and, for example, identify whether you have visited our Website before, what you have previously viewed or clicked on, and how you found us. This information is provided anonymously for statistical analysis only. Analytics cookies are usually persistent cookies.

You may disable browser cookies in your browser or set your browser to warn you when a cookie is being sent. You may lose some features or functionality when you disable cookies.

Remember, also, that disabling cookies is browser specific. If you log on using Internet Explorer, you must also disable cookies in Safari if you use that browser at a different time.

Web Beacons. We also may employ a software technology called a clear GIF (Graphics Interchange Format), also known as a pixel tag or web beacon. A clear GIF is a line of code that we place on our Website or in emails allowing us to analyze our advertising and general usage patterns of visitors to our Website. These help us better manage content by informing us what content or promotions are effective. You may not disable web beacons.

Flash Cookies. Flash cookies, also known as local shared objects, are used to store preferences such as video volume, or display content based on what you view using the Adobe Flash Player. Flash cookies are not stored through the browser. Advertisers and third party service providers may use Flash cookies to collect and store information. Information about disabling Flash cookies may be found at www.adobe.com. If you disable Flash cookies, you may lose some features or functionality on our Website.

Anonymous or Non-Personal Information.We also collect certain anonymous or non-personal information. This is information that does not, without other information, allow direct association with any specific individual. We may collect, use, transfer, and disclose non–personal information for any purpose, consistent with the terms expressed in our policies. Examples of non-personal or anonymous information we collect, use and share include the IP address you use to connect your internet-connected product(s), your ZIP code, the online services you visit, as well as information about your Element product(s) such as MAC addresses, product model numbers, hardware and software versions, chipset IDs, and region and language settings. We also collect information about the products you request or purchase, and the number of users and frequency of use of Element products and services. Element also collects anonymous Information regarding customer activities on our Website and on internet-connected products and services including our Smart TVs.

Indirect Collection – Social Networking

Our Websiteand other Services may permit you to use a third party social networking platform such as Facebook, Twitter, Instagram, YouTube and Vimeo. This includes use of social media plugins such as Facebook “Like” andTwitter “Tweet“buttons, etc. When you use these social networking platforms and plugins, your username and password for the available service or collected from you on these services may be shared with us. When you use social networking platforms and plugins, you share your information with them and their privacy policy applies disclosure of such information. In addition, they may be able to collect information about you, including your activity, or may notify your connections on the social networking platform about your use of the Services. Such third party social networking services may allow your activity to be monitored across multiple websites for purposes of delivering more targeted advertising. Please note that their own privacy polices apply and we encourage you to read them. We may add new social networking plugins and buttons to our Websitefrom time to time.

Indirect Collection – Third Party Advertising Services

We may employ over time various different advertising or remarketing services, including third party services, that serve you targeted advertisements to make your online experience more focused to your interests. These services may place a remarketing pixel and/or cookie on the Website in order to recognize your browser and serve advertisements that relate to prior searches and activities you participate in on the Website. We may run interest-based advertising campaigns that collect e-mail addresses, IP addresses, location information, and other personally identifiable information along with viewing session information. We may use or associate such information to serve targeted advertisements and engage in other remarketing services. These services may use a digital device agent or product identifier to associate such information with your device in order to enable us to serve targeted advertisements and provide other services. We may also use automatic content recognition software and acoustically masked data encoded onto or embedded with a signal stream to track viewing habits and session information. These audio watermarks are typically inaudible to the human ear.

We may use third party services to manage these technologies and to serve advertisements on our Services; for example, we may employ technology that pairs specific advertisements on our Services and other services and websites with searches that you run on our Services. We also use web analytics tools such as Google Analytics to analyze your use of our Website and the use of other websites. Analytical data is kept anonymous.

How do we use your information?

Our main goal in collecting information is to improve our Services and provide you with the best possible experience.

We may use your information to:

Notify you of other products or services available fromElement and our affiliates

Provide a service or feature you request

Enable you to participate in online transactions

Personalize online content so that it applies to youand your interests

Provide you with advertising targeted to your interests

Improve our Services

Compile, analyze, and do research on our users’ demographics and behavior

Detect, investigate and prevent activities that may violate our policies or be illegal

Provide maintenance services

We use and share location data to provide and improve our Services. We may combine information we collect from you and use it for purposes consistent with this Privacy Policy.

We use anonymous information for many reasons, including todetermine how people use Element products and services and how they interact with our Services. This may include information about how users click on advertisements, download drivers and other files, or explore our products and Services online. We use this information to improve our products and Services.

With whom doesElement share my information?

When you are using the Services and are asked for personal information, you are sharing that information with Element and our affiliates and service providers. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular Service.

Other websites to which we link may collect personally identifiable information about you when you visit those sites. The data privacy practices of other websites linked to our Website are not covered by this Privacy Policy.

We will not disclose any of your personally identifiable information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under the circumstances described in this Privacy Policy. These are some of the ways that your information may be disclosed:

Service Providers

We occasionally hire other companies to perform services on our behalf, including packaging, delivering, or mailing, website or product development and operation, answering customer questions about products or services, sending postal mail or email, analyzing use of the Services, processing payments, providing investor information and processing data. We will only provide those companies the information they need to deliver the service, and they are contractually prohibited from using that information for any other reason.

Data in the Aggregate

We may disclose “blinded” aggregated data and user statistics to prospective partners and other third parties. Blinded data is data that does not identify an individual person.

Other

We also may disclose your information in special cases. For example, we may disclose information when we believe that we must do so to identify, contact or bring legal action against someone who may be violating our Website Terms of Use or Terms of Service, or may be causing injury to or interference with our rights or property, other website users or customers and their information, or anyone else who may be harmed by such activities. Element and our service providers may disclose, access, or monitor your personal information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our Services and our information security.

As we continue to develop our business, we may buy or sell businesses or assets. In such transactions, confidential customer information generally is one of the transferred business assets. In the event of a transaction involving the sale of some or all of Element’s businesses, customer and site visitor information along with information collected through Element devices and Services may be one of the transferred assets and may be disclosed in connection with negotiations relating to a proposed transaction. In such case, the transferred information may become subject to a different privacy policy.

How can I control my personal information?

You can make choices about whether to receive promotional communications from us, including emails and other updates, by following the unsubscribe instructions included in the communication. You can adjust your browser settings to refuse all or some cookies, as discussed above; please note that some Services may, in that case, be inaccessible or not function properly. You may also choose not to use various Services provided on our devices or on our Website.If you believe that any inaccurate or inappropriate information has been obtained or provided to others through your use of the Services, you should contact a representative of Element at the Element Legal Department at legal@elementelectronics.com.

How does Element protect financial-related information?

Keeping your personal financial information private is very important to us. Any user statistics that we may provide to prospective partners regarding financial matters are provided in the aggregate only and do not include any personally identifiable information about any individual user. We will transfer your credit card number, bank account number or other personal information to the appropriate credit card company, bank or other relevant service provider in order to process any online payments.

What security precautions are in place to protect against the loss, misuse, or alteration of my information?

Your accountis password-protected in order to protect the personal information it contains. We use encryption technology for credit card numbers, bank account numbers, passwords, and registration information. Remember to sign out of your Element account and close your browser window when you have finished your work. This is to ensure that others cannot access your account by using your computer when you are away from it.Because information sent through the Internet travels from computer to computer throughout the world, when you give us information, that information may be sent electronically to servers outside of the country where you originally entered the information. Unfortunately, no data transmission over the Internet is 100% secure. Except as specifically stated, our web-based Services do not use security encryption measures. Information that you disclose by use of our web-based Servicesby posting a message or using email potentially could be collected and used by others(as with any site that is non-secure). This may result in unsolicited messages from third parties or use of such information by third parties for their own purposes, legal or illegal. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or from our Services, and you do so at your own risk. Once we receive your transmission, we use commercially reasonable efforts to ensure its security on our systems.

What is Element’s practice with respect to the personal information of children?

We do not knowingly collect any personal information from children under the age of thirteen (13) without parental consent, unless permitted by law. If we learn that a child under the age of thirteen (13) has provided us with personal information, we will delete it in accordance with applicable law.

What else should I know about my privacy?

Please keep in mind that whenever you voluntarily disclose information online, that information may be accessible to other customers and users. Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you are online.

Your California Privacy Rights

California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us atthe Element Legal Department at legal@elementelectronics.com.

Make sure to state that you are a California Resident.

Do Not Track

Do Not Track is a privacy preference that users can set in their web browsers. Because there is, at present, no clear standard as to how websites should respond to Do Not Track signals, Element currently does not take action in response to these signals.

Who do users contact with questions or concerns about our Privacy Policy?

If you need further assistance, please send an email with your questions or comments to the Element Legal Department at legal@elementelectronics.comor write us at:

Element Electronics Corp.

Legal DepartmentP.O. Box 581Winnsboro, South Carolina 29180

Element Smart TV Privacy Supplement

Element Smart TVs include features that provide enhanced video content, apps, movies, and social networking features. Some models include the ability to control your Smart TV and related apps using voice commands. The Privacy Policy applies to our Smart TVs. This Supplement addresses additional Smart TV features and how we collect, use, share and store information.

What data is collected by Element Smart TVs and how is it used?

Element Smart TVs contain software features that are designed to make finding TV programming and other content easy for you, the user. Our online guides enable you to access information about content from your satellite or cable provider along with other features like on-demand programming.

We may use your zip code or other geolocation data to let you know what television programs and other content may be available in your area. Element Smart TVs may also use information you provide to help you find and experience our content that is likely to interest you. We may also offer additional services to create an enhanced viewer experience. Information we collect may include:

Viewing information such as information about content that you have watched, purchased, downloaded, or streamed through applications on your Smart TV or other devices;

Information about applications and other third party software you have accessed through the Smart TV;

Information about your clicks on the “Like,”“Dislike,”“Watch Now,” and other buttons on your Smart TV;

Terms that you enter into Smart TV to search for programming and other content;

Other Smart TV usage and device information, including, but not limited to, IP address, information stored in cookies and similar technologies, information that identifies your hardware or software configuration, browser information, and the page(s) you request.

How can I opt-out of data collection on my Element Smart TV?

Your Element Smart TV may contain settings that allow you to disable certain features on your Smart TV. If you disable features such as viewing recommendations, displayed content will not be targeted to your preferences. Disabling features applies to the particular feature and not to other usage information described elsewhere in this Privacy Policy.

Interest-Based Advertisements

By enabling the Interest-Based Advertisement feature on your Smart TV, you can choose to make content and advertising served to your Smart TV or across various Element and third party platforms or devices, including on the web, mobile devices, and tablets more relevant to you.

To provide the Interest-Based Advertisement feature, we collect video snippets of the program that you watch and use this information in order to return content or advertising that may be more relevant to your tastes based on your “viewing history.”Your Smart TV “viewing history” may be supplemented with other types of information as described in the main body of this Privacy Policy. Such information will include data about the usage of your Smart TV as well as technical information about your devices, such as model specifications and the IP address. When an ad is served to you, we may also log the fact that your device received that ad, as well as the webpage or other place where you viewed it.

We may also seek to collect information using cookies, beacons, digital device agents, automatic content recognition software, audio watermarks, and similar technologies. Please see the section entitled “How do we collect information from you?” of this Privacy Policy for more information about how these work and how you can control their use.

You may disable the Interest-Based Advertisement feature at any time by visiting the “settings” menu on your Smart TV. However, if you disable the Interest-Based Advertisement feature, it will not affect whether you receive other types of ads and marketing on your Smart TV or other devices. The only difference will be that such ads will not be based on your Smart TV “viewing history.”

Smart Support

Some Element Smart TVs are equipped with smart support features. This allows for remote support to be conducted live by a support technician over the internet using the TV’s system interface. By using smart support, you will be sharing your viewing environment and other data with the technician. Some of this data may be stored for support purposes. It will not be used for purposes other than support.

Usage Data

Element Smart TVs may collect usage data such as power events, audio events, unique device ID, app activity, device location, TV input activity, clickstream activity, HDMI device info, tuner activity, device settings and other such usage information (“Usage Information”). Element uses Usage Information to provide targeted content, advertisements, and features to you. Element may share Usage Information with its business partners on a de-identified basis although it may be combined with geolocation data.

Third Party Apps and Features

Third party advertisers may use web beacons, watermarks, and other such technologies in their ads in order to collect information about users who view their ads. These technologies may also interface with cookies, device identifiers, and other tracking devices. Some of these companies participate in industry-developed programs designed to provide consumers with choices about whether to receive targeted advertising. Please visit the websites operated by the Network Advertising Initiative “http://networkadvertising.org” and Digital Advertising Alliance “http://www.aboutads.info/” to learn more.

In addition, when you access apps or content provided by a thirdparty (such as Netflix, Samba, Sling, Newsie, Roku), that provider may collect or receive information about your Smart TV (e.g., its IP address and device identifiers), the requested transaction (e.g., your request to buy or rent a movie or other content), and your use of the application or service. Element is not responsible for these providers’ privacy or security practices. You should review the privacy policies of these third party services and exercise caution in usingthird party apps, websites, and services through the device.

PSIDYour viewing history and Smart TV usage information for the purposes of providing interest–based marketing may be linked to a randomized, non-persistent and resettable device identifier called the Personalized Service ID or “PSID”.

You may reset your PSID at any time by visiting the settings menu on your Smart TV, and once reset your viewing history and Smart TV usage information with respect to interest–based marketing will be cleared and de-linked. However, if you reset your PSID, the quality of customized and interest–based advertisements may not be fine-tuned.

Voice Recognition

Some models of Element Smart TVs, such as the Element Fire TV Edition televisions enable you to control the device using your voice (“Voice Recognition”). To provide you the Voice Recognition feature, some interactive voice commands may be transmitted (along with information about your device, including device identifiers) to a third party service provider that converts your interactive voice commands to text to the extent necessary to provide the Voice Recognition features to you. Voice commands are only sent when clicking the microphone button on the remote control and you are signed into a third party Voice Recognition services account. In addition, Elementand third party providers of the Voice Recognition services may collect, and your device may capture, voice commands and associated texts so that we can provide you with Voice Recognition features and evaluate and improve the features.Element will collect your interactive voice commands only when you make a specific search request to the Smart TV by clicking the activation button either on the remote control or on your screen and speaking into the microphone on the remote control. Although Voice Recognition may not be disabled, you may elect not to use Voice Recognition by not clicking on the activation button. Third party services such as Amazon, Android, and Roku will collect Voice Recognition data, and such data will be governed by the privacy policies of such third parties.